Brian Edward Malnes v. City of Flagstaff, Arizona, et al.

The following case gives this Court the opportunity to reinforce the fundamental value and premise of the Fourth Amendment to the United States Constitution, which states: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." The questions presented are: Whether law enforcement officials had probable cause to arrest the Petitioner (issuing a citation) for the crime of harassment under Ariz. Rev. Stat. § 13-2921(A)(1) based on his conduct. Whether Ariz. Rev. Stat. § 13-2921(A)(1) is unconstitutionally vague or overbroad.